812 research outputs found
Oral history interview with Prof. Sherman Cohn
No full textInterview conducted by Jennifer Locke Davitt at Georgetown University Law Center
The Proposed Federal Rules of Appellate Procedure
No full textAfter a discussion of the history of uniform procedural rules and the authority of the Supreme Court to promulgate uniform appellate rules, Professor Cohn discusses some of the problems of expense and delay which are found in the appellate system today. In his analysis of the Proposed Uniform Rules of Federal Appellate Procedure, the author gives special emphasis to those areas where the rules constitute a departure from present practice. In addition, several changes are suggested in areas in which the author believes further improvement can be made
The Work-Product Doctrine: Protection, Not Privilege
No full textAlthough the work-product doctrine has received considerable attention before the courts in recent years, several issues regarding the scope and applicability of the doctrine remain controversial As a prelude to explaining the state of the law on these issues, the author examines the case law through which the doctrine developed and explores the doctrine\u27s modern application through rule 26 of the Federal Rules of Civil Procedure. He next discusses the rule\u27s various requirements and its treatment ofparticular categories of information including opinion work product andparty statements. Finally, Professor Cohn explains how the rule\u27s protection may be waived and discusses the rule\u27s operation with respect to subsequent litigation and aparty\u27s use of experts. The author draws distinctions throughout the article between operation of the attorney- client privilege and the work-product doctrine and concludes that the work-product doctrine operates not as aprivilege that belongs to any party but rather as a protection for the adversary systetr
Sunshine in Litigation Act of 2009: Hearing Before the Subcomm. on Commercial and Administrative Law of the H. Comm. on the Judiciary, 111th Cong., June 4, 2009 (Statement of Sherman L. Cohn, Prof. of Law, Geo. U. L. Center)
No full textI urge that the issue before the Congress in the proposed “Sunshine in Litigation Act of 2009” is really one of social values and a choice to be made among various values and that that is a substantive matter rather than a mere matter of procedure. It is a choice among values that Congress, the legislative arm of the federal government, is charged with making and in this case should make
Oath Taking, Truth Telling, and Remedies in the Business World: Hearing Before the H. Comm. on Energy and Commerce, 107th Cong., July 26, 2002 (Statement of Sherman Cohn, Prof. of Law, Geo. U. L. Center)
No full textYale Rosenberg: The Scholar and the Teacher of Jewish Law
No full textIn the early 1980s, when he was a young professor at the University of Houston Law Center, the author had the occasion to meet Yale Rosenberg. It was clear from their discussion that Professor Rosenberg had a strong interest in Jewish law as well as a strong knowledge base. They discussed teaching such a course at the University of Houston Law Center. Professor Rosenberg was doubtful about teaching a course in Jewish law at a secular law school, particularly one in Texas. But that conversation began a series of conversations where Yale explored in some depth the course that we were offering at Georgetown. It took several years of discussion, but in 1989, Professor Rosenberg took the plunge and began offering a Jewish law course to the students at the University of Houston Law Center. The rest is a highly successful history.
By 1989, Professor Rosenberg also began to publish in the field, co-authoring with his wife, Professor Irene Marker Rosenberg. Together, there are ten major articles with a focus on Jewish law. But when one examines Professor Yale Rosenberg’s other writings, it is clear that the influence of his study and interest in Jewish law permeated all of his thinking and scholarship
Leaders of Reform: Progressive Republicans in Kansas, 1900-1916
No full textRobert Sherman La Forte was professor of history at the University of North Texas, where he taught for thirty years. In addition to this book, he coauthored three books on World War II history and the authorized history of the University of North Texas.
With a New Foreword by Charles Delgadillo.
Charles Delgadillo is lecturer in history at the California State Polytechnic University, Pomona, and Norco College, in California. He is the author of Crusader for Democracy: The Political Life of William Allen White.This Kansas Open Books title is funded by a grant from the National Endowment for the Humanities and the Andrew W. Mellon Foundation Humanities Open Book Program.In Leaders of Reform Robert Sherman La Forte examines the intricacies of shifting factions within the state majority party over a two decade period, from the Boss-Busters and political machines of the early 1900s through the formation of a new party behind Theodore Roosevelt in 1913. He discusses the motives, activities, accomplishments, and failures of the progressive Republicans. He provides excellent vignettes of major leaders such as William Allen White, Arthur Capper, Joseph L. Bristow, and Charles Curtis, as well as lesser-known characters such as Walter Roscoe Stubbs, Edward H. Hoch, and Cy Leland, Jr.
In providing a detailed analysis of virtually all Kansas progressive Republican leaders during the era, La Forte has made a valuable contribution to both state and national political history
[Review of] Mark Perlmutter, Why Lawyers (and the Rest of Us) Lie \u26 Engage in Other Repugnant Behavior
No full textThis book speaks to the individual lawyer about his or her own practice. It is a self-confession by a leading trial lawyer of his own defalcations: of his own lies, of his own standing by as a more senior member of his law firm deliberately destroyed evidence, of his own giving a convincing argument to a court on a motion when all that he really wanted to do was delay. The stories are intriguing and captivating
The New Federal Rules of Civil Procedure
No full textThe amendments to the civil rules continue a process of transition from legal formulas toward adaptation to the practicalities of the various factual situations involved. This process was commenced with the early reform movement when the strictures of common-law, form-of-action pleading were abolished and the artificial separation of law and equity was ended. It continued through the original promulgation of the Federal Rules of Civil Procedure which attempted to eliminate many of the legalistic but artificial restrictions that code practice perpetuated. The current amendments move closer to what Mr. Justice Goldberg termed the aims of a liberal, nontechnical application of federal procedural rules, rules that are designed to place before the court the actual substantive issues in the case with the minimum amount of formal procedural restrictions needed to ensure fair and orderly proceedings
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